{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 504 sorted by section_id", "rows": [["10:10:5.0.1.1.4.0.1.1", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.2 Purpose and scope.", "DOE", "", "", "[47 FR 50849, Nov. 10, 1982]", "(a) Sections 504.5, 504.6, and 504.8, set forth the prohibitions that OFP, pursuant to section 301 of the Act, as amended, may impose upon existing powerplants after a review of the certification and prohibition order compliance schedule submitted by the owner or operator of a powerplant. Sections 504.5 and 504.8 are explanatory sections, and \u00a7 504.6 provides the informational requirements necessary to support the certification.\n\n(b) Sections 504.6 and 504.7, set forth the prohibitions that OFP may impose upon certain electing powerplants, pursuant to former section 301 (b) and (c) of FUA, where OFP can make the findings as to the unit's technical capability and financial feasibility to use coal or another alternate fuel as a primary energy source. The prohibitions may be made to apply to electing powerplants unless an exemption is granted by OFP under the provisions of the Final Rule for Existing Facilities (10 CFR parts 500, 501 and 504) published at 45 FR 53682, Aug. 12, 1980 and 46 FR 59872, Dec. 7, 1981. Any person who owns, controls, rents or leases an existing electing powerplant may be subject to the prohibitions imposed by and the sanctions provided for in the Act or these regulations, if OFP can make the findings required by former section 301 (b) and (c) of FUA."], ["10:10:5.0.1.1.4.0.1.2", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7\u00a7 504.3-504.4 [Reserved]", "DOE", "", "", "", ""], ["10:10:5.0.1.1.4.0.1.3", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.5 Prohibitions by order (certifying powerplants under section 301 of FUA, as amended).", "DOE", "", "", "[47 FR 17044, Apr. 21, 1982]", "(a) In the case of existing powerplants, OFP may prohibit, in accordance with section 301 of the Act, as amended, the use of petroleum or natural gas as a primary energy source where the owner or operator of the powerplant presents a complete certification concurred in by OFP. The certification, which may be presented at any time, pertains to the unit's technical capability and financial feasibility to use coal or another alternate fuel as a primary energy source in the unit. The informational requirements necessary to support a certification are contained in \u00a7 504.6 of these regulations. A prohibition compliance schedule which meets the requirements of \u00a7 504.5(d) shall also be submitted.\n\n(b) If OFP concurs with the certification, a prohibition order on the powerplant's use of petroleum or natural gas will be issued following the procedure outlined in \u00a7 501.52 of these regulations.\n\n(c) The petitioner may amend its certification at any time prior to the effective date of the prohibitions contained in the final prohibition order in order to take into account changes in relevant facts and circumstances by following the procedure contained in \u00a7 501.52(d).\n\n(d)  Prohibition order compliance schedule.  The certification described above, which forms the basis for the issuance of a prohibition order to a powerplant, shall include a prohibition order compliance schedule. The compliance schedule should contain the following:\n\n(1) A schedule of progressive events involved in the conversion project, including construction of any facilities for the production of fuel or fuel handling equipment, and contracts for the purchase of alternate fuels, and estimated date of compliance with the applicable prohibitions of the Act; and\n\n(2) A schedule indicating estimated dates for obtaining necessary federal, state, and local permits and approvals. Any prohibition order issued under the certification provisions of \u00a7\u00a7 504.5, 504.6, and 504.8 will be subject to appropriate conditions subsequent so as to delay the effectiveness of the prohibitions contained in the final prohibition order until the above events or permits have occurred or been obtained."], ["10:10:5.0.1.1.4.0.1.4", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.6 Prohibitions by order (case-by-case).", "DOE", "", "", "[45 FR 53692, Aug. 12, 1980, as amended at 47 FR 17044, Apr. 21, 1982; 47 FR 50849, Nov. 10, 1982]", "(a) OFP may prohibit, by order, the use of natural gas or petroleum as a primary energy source in existing powerplants under certain circumstances. In the case of certifying powerplants under section 301 of the Act, as amended, the petitioner must present evidence to support the certification, required by \u00a7 504.6 (c), (d), (e), and (f). In the case of electing powerplants, OFP must make the following findings required by \u00a7 504.6 (c), (d), (e), and (f), in order to issue a prohibition order to the unit, pursuant to former section 301 (b) or (c):\n\n(1) The unit currently has, or previously had, the technical capability to use an alternate fuel as a primary energy source;\n\n(2) The unit has this technical capability now, or it could have the technical capability without:\n\n(i) A substantial physical modification of the unit; or\n\n(ii) A substantial reduction in the rated capacity of the unit; and\n\n(3) It is financially feasible for the unit to use an alternate fuel as its primary energy source.\n\n(b) In the case of electing powerplants, OFP must make a proposed finding regarding the technical capability of a unit to use alternate fuel as identified in paragraph (a) (1) of this section prior to the date of publication of the notice of the proposed prohibition. OFP will publish this finding in The  Federal Register  along with the notice of the proposed prohibition.\n\n(c)  Technical capability.  (1) In the case of electing and certifying powerplants, OFP will consider \u201ctechnical capability\u201d on a case-by-case basis in order to make the required finding. In the case of a certifying powerplant, the powerplant should present information to support the certification relevant to the considerations set forth below. OFP will consider the ability of the unit, from the point of fuel intake to physically sustain combustion of a given fuel and to maintain heat transfer. \n 2\n\n2  OFP will not ordinarily consider the nature or absence of appurtenances outside the unit. For example, OFP will examine the furnace configuration and ash removal capability but will not normally consider the need to install pollution control equipment as a measure of technical capability. Furthermore, OFP will not normally conclude that the absence of fuel handling equipment, such as conveyor belts, pulverizers, or unloading facilities, bears on the issue of a unit's \u201ctechnical capability\u201d to burn an alternate fuel.\n\n(2) OFP considers that a unit \u201chad\u201d the technical capability to use an alternate fuel if the unit was once able to burn that fuel (regardless of whether the unit was expressly designed to burn that fuel or whether it ever actually did burn it), but is no longer able to do so at the present due to temporary or permanent alterations to the unit itself. \n 3\n\n3  For example, a unit which at one time burned solid coal but which could no longer do so because its coal firing ports and sluicing channels had been cemented over, would be classified as having \u201chad\u201d the technical capability to use coal. (The question of whether it again \u201ccould have\u201d such capability without \u201csubstantial physical modification\u201d is a separate and additional question.)\n\n(3) A unit \u201chas\u201d the technical capability to use an alternate fuel if it can burn an alternate fuel, notwithstanding the fact that adjustments must be made to the unit beforehand or that pollution control equipment may be required to meet air quality requirements. \n 4\n\n4  A unit designed to burn natural gas shall be presumed to have the technical capability to burn a synthetic fuel such as medium Btu gas from coal (assuming such gas is available unless convincing evidence to the contrary is submitted in rebuttal). Also a unit designed to burn oil may, depending upon the chemical characteristics, be a unit that \u201chas\u201d the technical capability to burn liquefied coal. The fact that certain adjustments may be necessary does not render this a \u201chypothetical\u201d as opposed to a \u201creal\u201d capability. Even an oil fired unit converting from the use of #2 distillate to #6 residual oil may be required to adjust or replace burner nozzles and add soot blowers.\n\n(d)  Substantial physical modification.  In the case of electing and certifying powerplants, OFP will make its determination on whether a physical modification to a unit is \u201csubstantial\u201d on a case-by-case basis. In the case of certifying powerplants, OFP will consider the factors set forth below for the purpose of concurrence in the certification. OFP will consider physical modifications made to the unit as \u201csubstantial\u201d where warranted by the magnitude and complexity of the engineering task or where the modification would impact severely upon operations at the site. \n 5 \n   OFP will not, however, assess physical modification on the basis of cost.\n\n5  Generally, modification of a unit to burn coal or an alternate fuel will be considered insubstantial if significant alterations to the boiler, such as a change to the furnace configuration or a complete respacing of the tubes, are not required. Minor alterations such as replacement of burners or additions of soot blowers, and additions or alterations outside the boiler, shall not cause the modification to be substantial.\n\n(e)  Substantial reduction in rated capacity.  In the case of electing and certifying powerplants, OFP will make this determination on the basis of the following factors. A certifying powerplant should present information to support its certification regarding these factors in order for OFP to make its review for concurrence.\n\n(1) OFP regards a unit's derating of 25 percent or more, as a result of converting a unit from oil or gas to an alternate fuel, as substantial.\n\n(2) OFP will presume that a derating of less than 10 percent, as a result of converting a unit from oil or gas to an alternate fuel, is not substantial unless convincing evidence to the contrary is submitted in rebuttal. \n 6\n\n6  For example, units that are the subject of a prohibition order will not have installed any operating air pollution control equipment sufficient to burn coal in compliance with applicable environmental equipments. The installation and use of air pollution control equipment alone can, in many cases, produce a derating. Moreover, the shift to coal itself will, because of differences in energy density and fuel flow characteristics, typically involve some derating.\n\n(3) OFP will assess units for which a derating is claimed of 10 percent or more, but less than 25 percent, on a case-by-case.\n\n(4) In assessing whether a unit's derating is not substantial, OFP will consider the impact of a reduction in rated capacity of the unit taking into consideration all necessary appurtenances such as air pollution control equipment required to burn an alternate fuel in compliance with environmental requirements expected to be applicable at the date the prohibitions contained in the final prohibition order become effective. However, the potential order recipient may raise in rebuttal the impact of derating on the site at which the unit is located and on the system as well as on the unit itself, if under paragraph (e)(2), or case-by-case, if under paragraph (e)(3) of this section.\n\n(f)  Financial feasibility.  In the case of certifying and electing powerplants, OFP will make this finding based on the following considerations. A certifying powerplant should present information to support its certification relevant to these considerations in order for OFP to make its review for concurrence. Conversion of a unit to burn coal or an alternate fuel shall be deemed financially feasible if the firm has the actual ability to obtain sufficient capital to finance the conversion, including all necessary land, coal and ash handling equipment, pollution control equipment, and all other necessary expenditures, without violating legal restrictions on its ability to raise debt or equity capital, unreasonably diluting shareholder equity, or unreasonably adversely affecting its credit rating. OFP will consider any economic or financial factors presented by the proposed order recipient in determining the firm's ability or inability to finance the conversion including, but not limited to, the following:\n\n(1) The required coverage ratios on the firm's debt and preferred stock;\n\n(2) The firm's investment program; and\n\n(3) The financial impact of the conversion, including other conversions which are or may be undertaken voluntarily by the proposed order recipient or imposed upon the recipient's system by the Act, and including pending or planned construction or reconstruction of alternate-fuel-fired plants and plants exempt from FUA prohibitions. \n 7 \n   Where helpful in clarifying the long-term financial feasibility of a conversion, DOE may analyze the economic benefits anticipated from operation of the converted unit or units using coal or other alternate fuel relative to those from continued operation using petroleum or natural gas.\n\n7  OFP will not require the proposed order recipient to cancel or defer construction or reconstruction of any alternate-fuel-fired facility, or any facility exempt from the prohibitions of the Act, for which a decision to finance such facility has been made by the appropriate company official before the publication of the prohibition order. The proposed order recipient may choose to cancel or defer any such facility."], ["10:10:5.0.1.1.4.0.1.5", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.7 Prohibition against excessive use of petroleum or natural gas in mixtures\u2014electing powerplants.", "DOE", "", "", "[47 FR 17045, Apr. 21, 1982, and 47 FR 50850, Nov. 10, 1982]", "(a) In the case of electing powerplants, if OFP finds that it is technically and financially feasible for a unit to use a mixture of petroleum or natural gas and an alternate fuel as its primary energy source, OFP may prohibit, by order, the use in that unit of petroleum or natural gas, or both, in amounts exceeding the minimum amount necessary to maintain reliability of operation consistent with maintaining reasonable fuel efficiency of the mixture.\n\n(b) In making the technical feasibility finding required by former section 301 (b) and (c) of the Act and paragraph (a) of this section, OFP may weigh \u201cphysical modification\u201d or \u201cderating of the unit,\u201d but these considerations, by themselves, will not control the technical feasibility finding. A technical feasibility finding might be made notwithstanding the need for substantial physical modification. The economic consequences of a substantial physical modification are taken into account in determining financial feasibility."], ["10:10:5.0.1.1.4.0.1.6", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.8 Prohibitions against excessive use of petroleum or natural gas in mixtures\u2014certifying powerplants.", "DOE", "", "", "[47 FR 17045, Apr. 21, 1982]", "(a) In the case of certifying powerplants, OFP may prohibit the use of petroleum or natural gas in such powerplant in amounts exceeding the minimum amount necessary to maintain reliability of operation consistent with maintaining the reasonable fuel efficiency of the mixture. This authority is contained in section 301(c) of the Act, as amended. The owner or operator of the powerplant may certify at any time to OFP that it is technically capable and financially feasible for the unit to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source. In assessing whether the unit is technically capable of using a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source, for purposes of this section, the extent of any physical modification necessary to convert the unit and any concomitant reduction in rated capacity are not relevant factors. So long as a unit as proposed to be modified would be technically capable of using the mixture as a primary energy source under \u00a7 504.6(c), this certification requirement shall be deemed met. The criteria for certification of financial feasibility are found at \u00a7 504.6(f). In addition, the powerplant's owner or operator must submit a prohibition compliance schedule, which meets the requirements of \u00a7 504.5(d).\n\n(b) If OFP concurs with the certification, a prohibition order against the unit's excessive use of petroleum or natural gas in the mixture will be issued following the procedure outlined in \u00a7 501.52 of these regulations.\n\n(c) The petitioner may seek to amend its certification in order to take into account changes in relevant facts and circumstances by following the procedure contained in \u00a7 501.52(d).\n\nThe authority of OFP implemented under this section should not be confused with the other two fuel mixture provisions of these regulations. One is the general requirement that petitioners for permanent exemptions demonstrate that the use of a mixture of natural gas or petroleum and an alternate fuel is not economically or technically feasible (See \u00a7 504.15). The second is the permanent fuel mixtures exemption itself (See \u00a7 504.56)."], ["10:10:5.0.1.1.4.0.1.7", 10, "Energy", "II", "E", "504", "PART 504\u2014EXISTING POWERPLANTS", "", "", "", "\u00a7 504.9 Environmental requirements for certifying powerplants.", "DOE", "", "", "[47 FR 17046, Apr. 21, 1982]", "Under \u00a7\u00a7 501.52, 504.5 and 504.6 of these regulations, OFP may prohibit, in accordance with section 301 and section 303 (a) or (b) of FUA, as amended, the use of natural gas or petroleum, or both, as a primary energy source in any certifying powerplant. Under sections 301(c) and 303(a) of FUA, as amended, and \u00a7\u00a7 501.52, 504.6, and 504.8 of these regulations, OFP may prohibit the excessive use of natural gas or petroleum in a mixture with an alternate fuel as a primary energy source in a certifying powerplant.\n\n(a)  NEPA compliance.  Except as provided in paragraph (c) of this section, where the owner or operator of a powerplant seeks to obtain an OFP prohibition order through the certification procedure, and did not hold either a proposed prohibition order under former section 301 of FUA or pending order under section 2 of ESECA, it will be responsible for the costs of preparing any necessary Environmental Assessment (EA) or Environmental Impact Statement (EIS) arising from OFP's obligation to comply with NEPA. The powerplant owner or operator shall enter into a contract with an independent party selected by OFP, who is qualified to conduct an environmental review and prepare an EA or EIS, as appropriate, and who does not have a financial or other interest in the outcome of the proceedings, under the supervision of OFP. The NEPA process must be completed and approved before OFP will issue a final prohibition order based on the certification.\n\n(b)  Environmental review procedure.  Except as provided in paragraph (c) of this section, environmental documents, including the EA and EIS, where necessary, will be prepared utilizing the process set forth above. OFP, the powerplant owner or operator and the independent third party shall enter into an agreement for the owner or operator to engage and pay directly for the services of the qualified third party to prepare the necessary documents. The third party will execute an OFP prepared disclosure document stating that he does not have any conflict of interest, financial or otherwise, in the outcome of either the environmental process or the prohibition order proceeding. The agreement shall outline the responsibilities of each party and his relationship to the other two parties regarding the work to be done or supervised. OFP shall approve the information to be developed and supervise the gathering, analysis and presentation of the information. In addition, OFP will have the authority to approve and modify any statement, analysis, and conclusion contained in the third party prepared environmental documents.\n\n(c)  Financial hardship.  Whenever the bona fide estimate of the costs associated with NEPA compliance, if borne by the powerplant owner or operator, would make the conversion financially infeasible, OFP may waive the requirement set forth in paragraphs (a) and (b) of this section and perform the necessary environmental review."], ["29:29:3.1.1.1.5.0.88.1", 29, "Labor", "V", "A", "504", "PART 504\u2014ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS REGISTERED NURSES", "", "", "", "\u00a7 504.1 Cross-reference.", "DOL-WHD", "", "", "", "Regulations governing labor condition attestations by facilities using nonimmigrant aliens as registered nurses are found at 20 CFR part 655, subparts D and E."], ["46:46:9.0.1.1.5.0.1.1", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.1 Purpose and scope.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999; 74 FR 50718, Oct. 1, 2009]", "(a) This part implements the National Environmental Policy Act of 1969 (NEPA) and Executive Order 12114 and incorporates and complies with the Regulations of the Council on Environmental Quality (CEQ) (40 CFR part 1500  et seq. ).\n\n(b) This part applies to all actions of the Federal Maritime Commission (Commission). To the extent possible, the Commission shall integrate the requirements of NEPA with its obligations under section 382(b) of the Energy Policy and Conservation Act of 1975, 42 U.S.C. 6362.\n\n(c) Information obtained under this part is used by the Commission to assess potential environmental impacts of proposed Federal Maritime Commission actions. Compliance is voluntary but may be made mandatory by Commission order to produce the information pursuant to section 15 of the Shipping Act of 1984 (46 U.S.C. 40104). The penalty for violation of a Commission order under section 13 of the Shipping Act of 1984 (46 U.S.C. 41107-41109) may not exceed $5,000 for each violation, unless the violation was willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $25,000 for each violation, as adjusted by \u00a7 506.4 of this chapter. (Each day of a continuing violation constitutes a separate offense.)"], ["46:46:9.0.1.1.5.0.1.10", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.10 Time constraints on final administrative actions.", "FMC", "", "", "", "No decision on a proposed action shall be made or recorded by the Commission until the later of the following dates unless reduced pursuant to 40 CFR 1506.10(d), or unless required by a statutorily-prescribed deadline on the Commission action:\n\n(a) Forty (40) days after EPA's publication of the notice described in \u00a7 504.7(b) for a DEIS; or\n\n(b) Ten (10) days after publication of EPA's notice for an FEIS."], ["46:46:9.0.1.1.5.0.1.11", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.91 OMB control numbers assigned pursuant to the Paperwork Reduction Act.", "FMC", "", "", "", "This section displays the control numbers assigned to information collection requirements of the Commission in this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Public Law 96-511. The Commission intends that this section comply with the requirements of section 3507(f) of the Paperwork Reduction Act, which requires that agencies display a current control number assigned by the Director of the Office of Management and Budget (OMB) for each agency information collection requirement:"], ["46:46:9.0.1.1.5.0.1.2", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.2 Definitions.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999; 74 FR 50718, Oct. 1, 2009]", "(a)  Shipping Act of 1984  means the Shipping Act of 1984 (46 U.S.C. 40101-41309).\n\n(b)  Common carrier  means any common carrier by water as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), including a conference of such carriers.\n\n(c)  Environmental impact  means any alteration of existing environmental conditions or creation of a new set of environmental conditions, adverse or beneficial, caused or induced by the action under consideration.\n\n(d)  Potential action  means the range of possible Commission actions that may result from a Commission proceeding in which the Commission has not yet formulated a proposal.\n\n(e)  Proposed action  means that stage of activity where the Commission has determined to take a particular course of action and the effects of that course of action can be meaningfully evaluated.\n\n(f)  Environmental assessment  means a concise document that serves to \u201cprovide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact\u201d (40 CFR 1508.9).\n\n(g)  Recyclable  means any secondary material that can be used as a raw material in an industrial process in which it is transformed into a new product replacing the use of a depletable natural resource.\n\n(h)  Marine Terminal Operator  means a person engaged in the United States in the business of furnishing wharfage, dock, warehouse or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of Title 49, United States Code.\n\n(i)  Commission  means the Federal Maritime Commission, including any office or bureau to which the Commission may delegate its environmental policy analysis responsibilities."], ["46:46:9.0.1.1.5.0.1.3", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.3 General information.", "FMC", "", "", "[64 FR 23549, May 3, 1999]", "(a) All comments submitted pursuant to this part shall be addressed to the Secretary, Federal Maritime Commission, 800 North Capitol Street, N.W., Washington, D.C. 20573-0001.\n\n(b) A list of recent Commission actions, if any, for which a finding of no significant impact has been made or for which an environmental impact statement is being prepared will be maintained by the Commission in the Office of the Secretary and will be available for public inspection.\n\n(c) Information or status reports on environmental statements and other elements of the NEPA process can be obtained from the Secretary, Federal Maritime Commission, 800 North Capitol Street, N.W., Washington, D.C. 20573-0001."], ["46:46:9.0.1.1.5.0.1.4", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.4 Categorical exclusions.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 56 FR 50662, Oct. 8, 1991; 60 FR 27229, May 23, 1995; 61 FR 66617, Dec. 18, 1996; 64 FR 23549, May 3, 1999; 74 FR 50718, Oct. 1, 2009]", "(a) No environmental analyses need be undertaken or environmental documents prepared in connection with actions which do not individually or cumulatively have a significant effect on the quality of the human environment because they are purely ministerial actions or because they do not increase or decrease air, water or noise pollution or the use of fossil fuels, recyclables, or energy. The following Commission actions, and rulemakings related thereto, are therefore excluded:\n\n(1) Issuance, modification, denial and revocation of ocean transportation intermediary licenses.\n\n(2) Certification of financial responsibility of passenger vessels pursuant to 46 CFR part 540.\n\n(3) Receipt of surety bonds submitted by ocean transportation intermediaries.\n\n(4) Promulgation of procedural rules pursuant to 46 CFR part 502.\n\n(5) Receipt of service contracts.\n\n(6) Consideration of special permission applications pursuant to part 520 of this chapter.\n\n(7)-(8) [Reserved]\n\n(9) Consideration of amendments to agreements filed pursuant to section 5 of the Shipping Act of 1984 (46 U.S.C. 40301(d)-(e), 40302-40303, 40305), which do not increase the authority set forth in the effective agreement.\n\n(10) Consideration of agreements between common carriers which solely affect intraconference or inter-rate agreement relationships or pertain to administrative matters of conferences or rate agreements.\n\n(11) Consideration of agreements between common carriers to discuss, propose or plan future action, the implementation of which requires filing a further agreement.\n\n(12) Consideration of exclusive or non-exclusive equipment interchange or husbanding agreements.\n\n(13) Receipt of non-exclusive transshipment agreements.\n\n(14) Action relating to collective bargaining agreements.\n\n(15) Action pursuant to section 9 of the Shipping Act of 1984 (46 U.S.C. 40701-40706) concerning the justness and reasonableness of controlled carriers' rates, charges, classifications, rules or regulations.\n\n(16) Receipt of self-policing reports or shipper requests and complaints.\n\n(17) [Reserved]\n\n(18) Consideration of actions solely affecting the environment of a foreign country.\n\n(19) Action taken on special docket applications pursuant to \u00a7 502.271 of this chapter.\n\n(20) Consideration of matters related solely to the issue of Commission jurisdiction.\n\n(21) [Reserved]\n\n(22) Investigatory and adjudicatory proceedings, the purpose of which is to ascertain past violations of the Shipping Act of 1984.\n\n(23) [Reserved]\n\n(24) Action regarding access to public information pursuant to 46 CFR part 503.\n\n(25) Action regarding receipt and retention of minutes of conference meetings.\n\n(26) Administrative procurements (general supplies).\n\n(27) Contracts for personal services.\n\n(28) Personnel actions.\n\n(29) Requests for appropriations.\n\n(30) Consideration of all agreements involving marine terminal facilities and/or services except those requiring substantial levels of construction, dredging, land-fill, energy usage and other activities which may have a significant environmental effect.\n\n(31) Consideration of agreements regulating employee wages, hours of work, working conditions or labor exchanges.\n\n(32) Consideration of general agency agreements involving ministerial duties of a common carrier such as internal management, cargo solicitation, booking of cargo, or preparation of documents.\n\n(33) Consideration of agreements pertaining to credit rules.\n\n(34) Consideration of agreements involving performance bonds to a conference from a conference member guaranteeing compliance by the member with the rules and regulations of the conference.\n\n(35) Consideration of agreements between members of two or more conferences or other rate-fixing agreements to discuss and agree upon common self-policing systems and cargo inspection services.\n\n(b) If interested persons allege that a categorically-excluded action will have a significant environmental effect (e.g., increased or decreased air, water or noise pollution; use of recyclables; use of fossil fuels or energy), they shall, by written submission to the Secretary, explain in detail their reasons. The Secretary shall refer these submissions for determination by the appropriate Commission official, not later than ten (10) days after receipt, whether to prepare an environmental assessment. Upon a determination not to prepare an environmental assessment, such persons may petition the Commission for review of the decision within ten (10) days of receipt of notice of such determination.\n\n(c) If the individual or cumulative effect of a particular action otherwise categorically excluded offers a reasonable potential of having a significant environmental impact, an environmental assessment shall be prepared pursuant to \u00a7 504.5."], ["46:46:9.0.1.1.5.0.1.5", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.5 Environmental assessments.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999]", "(a) Every Commission action not specifically excluded under \u00a7 504.4 shall be subject to an environmental assessment.\n\n(b) A notice of intent to prepare an environmental assessment briefly describing the nature of the potential or proposed action and inviting written comments to aid in the preparation of the environmental assessment and early identification of the significant environmental issues may be published in the  Federal Register.  Such comments must be received by the Commission no later than ten (10) days from the date of publication of the notice in the  Federal Register."], ["46:46:9.0.1.1.5.0.1.6", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.6 Finding of no significant impact.", "FMC", "", "", "[64 FR 23549, May 3, 1999]", "(a) If upon completion of an environmental assessment, it is determined that a potential or proposed action will not have a significant impact on the quality of the human environment of the United States or of the global commons, a finding of no significant impact shall be prepared and notice of its availability published in the  Federal Register.  This document shall include the environmental assessment or a summary of it, and shall briefly present the reasons why the potential or proposed action, not otherwise excluded under \u00a7 504.4, will not have a significant effect on the human environment and why, therefore, an environmental impact statement (EIS) will not be prepared.\n\n(b) Petitions for review of a finding of no significant impact must be received by the Commission within ten (10) days from the date of publication of the notice of its availability in the  Federal Register.  The Commission shall review the petitions and either deny them or order prepared an EIS pursuant to \u00a7 504.7. The Commission shall, within ten (10) days of receipt of the petition, serve copies of its order upon all parties who filed comments concerning the potential or proposed action or who filed petitions for review."], ["46:46:9.0.1.1.5.0.1.7", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.7 Environmental impact statements.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 64 FR 23550, May 3, 1999]", "(a)  General.  (1) An environmental impact statement (EIS) shall be prepared when the environmental assessment indicates that a potential or proposed action may have a significant impact upon the environment of the United States or the global commons.\n\n(2) The EIS process will commence:\n\n(i) For adjudicatory proceedings, when the Commission issues an order of investigation or a complaint is filed;\n\n(ii) For rulemaking or legislative proposals, upon issuance of the proposal by the Commission; and\n\n(iii) For other actions, the time the action is noticed in the  Federal Register.\n\n(3) The major decision points in the EIS process are:\n\n(i) The issuance of an initial decision in those cases assigned to be heard by an Administrative Law Judge (ALJ); and\n\n(ii) The issuance of the Commission's final decision or report on the action.\n\n(4) The EIS shall consider potentially significant impacts upon the quality of the human environment of the United States and, in appropriate cases, upon the environment of the global commons outside the jurisdiction of any nation.\n\n(b)  Draft environmental impact statements.  (1) A draft environmental impact statement (DEIS) will initially be prepared in accordance with 40 CFR part 1502.\n\n(2) The DEIS shall be distributed to every party to a Commission proceeding for which it was prepared. There will be no fee charged to such parties. One copy per person will also be provided to interested persons at their request. The fee charged such persons shall be that provided in \u00a7 503.43 of this chapter.\n\n(3) Comments on the DEIS must be received by the Commission within ten (10) days of the date the Environmental Protection Agency (EPA) publishes in the  Federal Register  notice that the DEIS was filed with it. Sixteen copies shall be submitted as provided in \u00a7 504.3(a). Comments shall be as specific as possible and may address the adequacy of the DEIS or the merits of the alternatives discussed in it. All comments received will be made available to the public. Extensions of time for commenting on the DEIS may be granted by the Commission for up to ten (10) days if good cause is shown.\n\n(c)  Final environmental impact statements.  (1) After receipt of comments on the DEIS, a final environmental impact statement (FEIS) will be prepared pursuant to 40 CFR part 1502, which shall include a discussion of the possible alternative actions to a potential or proposed action. The FEIS will be distributed in the same manner as specified in paragraph (b)(2) of this section.\n\n(2) The FEIS shall be prepared prior to the Commission's final decision and shall be filed with the Secretary, Federal Maritime Commission. Upon filing, it shall become part of the administrative record.\n\n(3) For any Commission action which has been assigned to an ALJ for evidentiary hearing:\n\n(i) The FEIS shall be submitted prior to the close of the record, and\n\n(ii) The ALJ shall consider the environmental impacts and alternatives contained in the FEIS in preparing the initial decision.\n\n(4)(i) For all proposed Commission actions, any party may, by petition to the Commission within ten (10) days following EPA's notice in the  Federal Register,  assert that the FEIS contains a substantial and material error of fact which can only be properly resolved by conducting an evidentiary hearing, and expressly request that such a hearing be held. Other parties may submit replies to the petition within ten (10) days of its receipt.\n\n(ii) The Commission may delineate the issue(s) and refer them to an ALJ for expedited resolution or may elect to refer the petition to an ALJ for consideration.\n\n(iii) The ALJ shall make findings of fact on the issue(s) and shall certify such findings to the Commission as a supplement to the FEIS. To the extent that such findings differ from the FEIS, it shall be modified by the supplement.\n\n(iv) Discovery may be granted by the ALJ on a showing of good cause and, if granted, shall proceed on an expedited basis."], ["46:46:9.0.1.1.5.0.1.8", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.8 Record of decision.", "FMC", "", "", "", "The Commission shall consider each alternative described in the FEIS in its decisionmaking and review process. At the time of its final report or order, the Commission shall prepare a record of decision pursuant to 40 CFR 1505.2."], ["46:46:9.0.1.1.5.0.1.9", 46, "Shipping", "IV", "A", "504", "PART 504\u2014PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS", "", "", "", "\u00a7 504.9 Information required by the Commission.", "FMC", "", "", "[49 FR 44415, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 64 FR 23550, May 3, 1999; 74 FR 50718, Oct. 1, 2009]", "(a) Upon request, a person filing a complaint, protest, petition or agreement requesting Commission action shall submit, no later than ten (10) days from the date of the request, a statement setting forth, in detail, the impact of the requested Commission action on the quality of the human environment, if such requested action will:\n\n(1) Alter cargo routing patterns between ports or change modes of transportation;\n\n(2) Change rates or services for recyclables;\n\n(3) Change the type, capacity or number of vessels employed in a specific trade; or\n\n(4) Alter terminal or port facilities.\n\n(b) The statement submitted shall, to the fullest extent possible, include:\n\n(1) The probable impact of the requested Commission action on the environment ( e.g.,  the use of energy or natural resources, the effect on air, noise, or water pollution), compared to the environmental impact created by existing uses in the area affected by it;\n\n(2) Any adverse environmental effects which cannot be avoided if the Commission were to take or adopt the requested action; and\n\n(3) Any alternatives to the requested Commission action.\n\n(c) If environmental impacts, either adverse or beneficial, are alleged, they should be sufficiently identified and quantified to permit meaningful review. Individuals may contact the Secretary of the Federal Maritime Commission for informal assistance in preparing this statement. The Commission shall independently evaluate the information submitted and shall be responsible for assuring its accuracy if used by it in the preparation of an environmental assessment or EIS.\n\n(d) In all cases, the Secretary may request every common carrier by water, or marine terminal operator, or any officer, agent or employee thereof, as well as all parties to proceedings before the Commission, to submit, within ten (10) days of such request, all material information necessary to comply with NEPA and this part. Information not produced in response to an informal request may be obtained by the Commission pursuant to section 15 of the Shipping Act of 1984 (46 U.S.C. 40104)."], ["7:7:6.1.2.1.5.0.1.1", 7, "Agriculture", "V", "", "504", "PART 504\u2014USER FEES", "", "", "", "\u00a7 504.1 General statement.", "ARS", "", "", "", "This part sets forth fees to be charged for the deposit and distribution of microbial patent cultures. The fees set forth in this part are applicable to the Agricultural Research Service (ARS) Patent Culture Collection, Northern Regional Research Center, Peoria, Illinois."], ["7:7:6.1.2.1.5.0.1.2", 7, "Agriculture", "V", "", "504", "PART 504\u2014USER FEES", "", "", "", "\u00a7 504.2 Fees for deposit and requisition of microbial cultures.", "ARS", "", "", "[80 FR 74966, Dec. 1, 2015]", "(a) Depositors of microbial cultures must pay a one-time $670 user fee for each culture deposited on or after December 1, 2015.\n\n(b) For cultures deposited on or after December 1, 2015, requestors must pay a $40 user fee for each culture distributed."], ["7:7:6.1.2.1.5.0.1.3", 7, "Agriculture", "V", "", "504", "PART 504\u2014USER FEES", "", "", "", "\u00a7 504.3 Payment of fees.", "ARS", "", "", "[80 FR 74966, Dec. 1, 2015]", "(a) Payment of user fees must accompany a culture deposit or request.\n\n(b) Payment shall be made by check, draft, money order, or  pay.gov,  payable to USDA, National Finance Center."], ["7:7:6.1.2.1.5.0.1.4", 7, "Agriculture", "V", "", "504", "PART 504\u2014USER FEES", "", "", "", "\u00a7 504.4 Exemptions from user fee charges.", "ARS", "", "", "", "(a) USDA laboratories and ARS cooperators designated by the Curator of the ARS Patent Culture Collection are exempt from fee assessments.\n\n(b) The Curator of the ARS Patent Culture Collection is delegated the authority to approve and revoke exemptions from fee assessments."], ["7:7:6.1.2.1.5.0.1.5", 7, "Agriculture", "V", "", "504", "PART 504\u2014USER FEES", "", "", "", "\u00a7 504.5 Address.", "ARS", "", "", "", "Deposits of and requests for microbial patent cultures should be directed to the Curator, ARS Patent Culture Collection, Northern Regional Research Center, USDA-ARS, 1815 N. University St., Peoria, Illinois 61604; (309) 685-4011."]], "truncated": false, "filtered_table_rows_count": 24, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "504"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=504", "results": [{"value": 46, "label": 46, "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&title_number=46", "selected": false}, {"value": 10, "label": 10, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&title_number=10", "selected": false}, {"value": 7, "label": 7, "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&title_number=7", "selected": false}, {"value": 29, "label": 29, "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&title_number=29", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=504", "results": [{"value": "FMC", "label": "FMC", "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&agency=FMC", "selected": false}, {"value": "DOE", "label": "DOE", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&agency=DOE", "selected": false}, {"value": "ARS", "label": "ARS", "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&agency=ARS", "selected": false}, {"value": "DOL-WHD", "label": "DOL-WHD", "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&agency=DOL-WHD", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=504", "results": [{"value": "504", "label": "504", "count": 24, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&_facet=part_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=504&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 1891.9862019829452, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}